Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.

Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.

Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."

Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."

Allah's Apostle said to Abu Talha, "Seek one of your boys to serve me." Abu Talha mounted me behind him (on his riding animal) and took me (to the Prophet ). So I used to serve Allah's Apostle whenever he dismounted (to stay somewhere). I used to hear him saying very often, "O Allah! I seek refuge with You from, having worries sadness, helplessness, laziness, miserliness, cowardice, from being heavily in debt and from being overpowered by other persons unjustly." I kept on serving till we -returned from the battle of Khaibar. The Prophet then brought Safiyya bint Huyai whom he had won from the war booty. I saw him folding up a gown or a garment for her to sit on behind him (on his shecamel). When he reached As-Sahba', he prepared Hais and placed it on a dining sheet. Then he sent me to invite men, who (came and) ate; and that was his and Safiyya's wedding banquet. Then the Prophet proceeded, and when he saw (noticed) the mountain of Uhud, he said, "This mountain loves us, and we love it." When we approached Medina, he said, "O Allah! I make the area between its two mountains a sanctuary as Abraham has made Mecca a sanctuary. O Allah! Bless their Mudd and Sa (special kinds of measure).

Allah's Apostle related to us, two prophetic narrations one of which I have seen fulfilled and I am waiting for the fulfillment of the other. The Prophet told us that the virtue of honesty descended in the roots of men's hearts (from Allah) and then they learned it from the Qur'an and then they learned it from the Sunna (the Prophet's traditions). The Prophet further told us how that honesty will be taken away: He said: "Man will go to sleep during which honesty will be taken away from his heart and only its trace will remain in his heart like the trace of a dark spot; then man will go to sleep, during which honesty will decrease further still, so that its trace will resemble the trace of blister as when an ember is dropped on one's foot which would make it swell, and one would see it swollen but there would be nothing inside. People would be carrying out their trade but hardly will there be a trustworthy person. It will be said, 'in such-and-such tribe there is an honest man,' and later it will be said about some man, 'What a wise, polite and strong man he is!' Though he will not have faith equal even to a mustard seed in his heart." No doubt, there came upon me a time when I did not mind dealing (bargaining) with anyone of you, for if he was a Muslim his Islam would compel him to pay me what is due to me, and if he was a Christian, the Muslim official would compel him to pay me what is due to me, but today I do not deal except with such-and-such person.

When `Ali was in Yemen, he sent some gold in its ore to the Prophet. The Prophet distributed it among Al-Aqra' bin H`Abis Al-Hanzali who belonged to Bani Mujashi, 'Uyaina bin Badr Al-Fazari, 'Alqama bin 'Ulatha Al-`Amiri, who belonged to the Bani Kilab tribe and Zaid AI-Khail at-Ta'i who belonged to Bani Nabhan. So the Quraish and the Ansar became angry and said, "He gives to the chiefs of Najd and leaves us!" The Prophet said, "I just wanted to attract and unite their hearts (make them firm in Islam)." Then there came a man with sunken eyes, bulging forehead, thick beard, fat raised cheeks, and clean-shaven head, and said, "O Muhammad! Be afraid of Allah! " The Prophet said, "Who would obey Allah if I disobeyed Him? (Allah). He trusts me over the people of the earth, but you do not trust me?" A man from the people (present then), who, I think, was Khalid bin Al- Walid, asked for permission to kill him, but the Prophet prevented him. When the man went away, the Prophet said, "Out of the offspring of this man, there will be people who will recite the Qur'an but it will not go beyond their throats, and they will go out of Islam as an arrow goes out through the game, and they will kill the Muslims and leave the idolators. Should I live till they appear, I would kill them as the Killing of the nation of 'Ad."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say the tashahhud saying, "In the name of Allah. Greetings belong to Allah. Prayers belong to Allah. Pure actions belong to Allah. Peace be on the Prophet and the mercy of Allah and His blessings. Peace be on us and on the slaves of Allah who are salihun. I testify that there is no god except Allah. I testify that Muhammad is the Messenger of Allah."

"Bismillah, at-tahiyatu lillah, as-salawatu lillah, az-zakiyatu lillah. As-salamu ala'n-nabiyyi wa rahmatullahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi's-salihin. Shahidtu an la ilaha illallah. Shahidtu anna Muhammadu'r-rasulu'llah."

He used to say this after the first two rakas and he would make supplication with whatever seemed fit to him when the tashahhud was completed. When he sat at the end of the prayer, he did the tashahhud in a similar manner, except that after the tashahhud he made supplication with whatever seemed fit to him. When he had completed the tashahhud and intended to say the taslim, he said, "Peace be on the Prophet and His mercy and blessings. Peace be upon us and on the slaves of Allah who are salihun."

"As- salamu ala'n-nabiyyi wa rahmatu'llahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi'ssalihin ."

He then said, "Peace be upon you" to his right, and would return the greeting to the imam, and if anyone said "Peace be upon you" from his left he would return the greeting to him.

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his father heard Talha ibn Ubaydullah say, "Once one of the people of Najd came to the Messenger of Allah, may Allah bless him and grant him peace. He had dishevelled hair and although his voice could be heard we could not make out what he was saying until he drew nearer and then we found he was asking about Islam. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'There are five prayers during the day and the night.' He said, 'Do I have to do anything else besides that?' The Messenger of Allah, may Allah bless him and grant him peace, added, 'And fasting the month of Ramadan.' He said, 'Is there anything else I have to do?' He said, 'No, except what you do of your own accord.' The Messenger of Allah, may Allah bless him and grant him peace, mentioned zakat. The man said, 'Is there anything else that I have to do?' He said, 'No, except what you do of your own accord.'

He continued, "The man went away saying, 'By Allah, I won't do any more than this, nor will I do any less.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'That man will be successful, if he is telling the truth.'

Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf telling him not to disagree with Abdullah ibn Umar about anything to do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar went to him just after noon, and I went with him. He called out to him outside his tent, 'Where is this man?' and a-lHajjaj came out to him, wearing a blanket dyed with safflower, and said to him, 'What's up with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.' Al-Hajjaj said, 'Wait until I have poured some water over myself, and then I will come out.' So Abdullah dismounted and waited until al- Hajjaj came out. He passed between me and my father and I said to him, 'If you want to accord with the sunna today, then make the khutba short, do not delay the prayer and do the prayer quickly.' Then he began looking at Abdullah ibn Umar to see if he would say the same thing, and when Abdullah saw that, he said, 'What Salim is saying is true.' "

20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and the Jumua at Mina and Arafa

(the wife of the Prophet (p.b.u.h) In the lifetime of the Prophet the sun eclipsed and he went to the Mosque and the people aligned behind him. He said the Takbir (starting the prayer) and prolonged the recitation (from the Qur'an) and then said Takbir and performed a prolonged bowing; then he (lifted his head and) said, "Sami allahu liman hamidah" (Allah heard him who sent his praises to Him). He then did not prostrate but stood up and recited a prolonged recitation which was shorter than the first recitation. He again said Takbir and then bowed a prolonged bowing but shorter than the first one and then said, "Sami`a l-lahu Lyman hamidah Rabbana walak-lhamd, (Allah heard him who sent his praises to Him. O our Sustainer! All the praises are for You)" and then prostrated and did the same in the second rak`a; thus he completed four bowing and four prostrations. The sun (eclipse) had cleared before he finished the prayer. (After the prayer) he stood up, glorified and praised Allah as He deserved and then said, "The sun and the moon are two of the signs of Allah. They do not eclipse because of the death or the life (i.e. birth) of someone. When you see them make haste for the prayer." Narrated Az-Zuhri: I said to 'Urwa, "When the sun eclipsed at Medina your brother (`Abdullah bin Az-Zubair) offered only a two-rak`at prayer like that of the morning (Fajr) prayer." 'Urwa replied, "Yes, for he missed the Prophet's tradition (concerning this matter)."

In the year of Hajjat-ul-Wada` the Prophet visited me when I fell ill and was about to die because of that illness. I said, "O Allah's Apostle! I am very ill as you see, and I am a rich man and have no heir except my only daughter. Shall I give 2/3 of my property in charity?" He said, "No." I said, "Shall I then give one half of it in charity?" He said, "O Sa`d! Give 1/3 (in charity) and even 1/3 is too much. No doubt, it is better to leave your children rich than to leave them poor, reduced to begging from others. And Allah will reward you for whatever you spend with the intention of gaining Allah's Pleasure even if it were a mouthful of food you put into your wives mouth." I said, "O Allah's Apostle! Am I to be left behind (in Mecca) after my companions have gone?" He said, "If you should be left behind, you will be upgraded and elevated for every deed you will do with a desire to achieve Allah's Pleasure. I hope that you will live long so that some people will benefit by you while others will be harmed. O Allah! Please fulfill the migration of my companions and do not make them turn back on their heels. But (we feel sorry for) the unlucky Sa`d bin Khaulah." Allah's Apostle lamented his death in Mecca.

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.

"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Ya'qub that he heard Abu's-Sa'ib, the mawla of Hisham ibn Zuhra, say he had heard Abu Hurayra say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Whoever prays a prayer without reciting the umm al-Qur'an in it, his prayer is aborted, it is aborted, it is aborted, incomplete.' So I said, 'Abu Hurayra, sometimes I am behind the imam.'Hepulled my forearm and said, 'Recite it to yourself, O Persian, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say that Allah the Blessed, the Exalted, said, "I have divided the prayer into two halves between me and my slave. One half of it is for Me and one half of it is for IVly slave, and My slave has what he asks." ' The Messenger of Allah, may Allah bless him and grant him peace, said, "Recite." The slave says, 'Praise be to AIIah, the Lord of theWorlds.' Allah the Blessed, the Exalted, says, 'My slave has praised Me.' The slave says, 'The Merciful, the Compassionate.' Allah says, 'My slave has spoken well of Me.' The slave says, 'Master of the Day of the Deen.' Allah says, 'My slave has glorified Me.' The slave says, 'You alone we worship and You alone we askforhelp.'Allahsays,'This ayat is between Me and My slave, and for My slave is what he asks. 'The slave says, 'Guide us in the straight Path, the Path of those whom You have blessed, not of those with whom You are angry, nor those who are in error. ' Allah says, 'These are for My slaves, and for my slave is what he asks . ' " ' "

Yahya related to me from Malik, from Yahya ibn Said, from Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked people about him and they said, "He has given directions for his sacrificial animal to be garlanded, and it is for that reason that he has put on ihram ."

Rabia said, "I then met Abdullah ibn az- Zubayr and so I mentioned this to him and he said, 'By the Lord of the Kaba, an innovation.' "

Malik was asked about some one who set out with his own sacrificial animal and marked it and garlanded it at Dhu'l-Hulayfa, but did not go into ihram until he had reached al- Juhfa,and hesaid, "I do not like that, and whoever does so has not acted properly. He should only garland his sacrificial animal, or mark it, when he goes into ihram, unless it is someone who does not intend to do hajj, in which case he sends it off and stays with his family."

Malik was asked if somone who was not in ihram could set out with a sacrificial animal, and he said, "Yes. There is no harm in that."

He was also asked to comment on the different views people had about what became haram for some one who garlanded a sacrificial animal but did not intend to do either hajj or umra, and he said, "What we go by as far as this is concerned is what A'isha, umm al-muminin said, 'The Messenger of Allah, may Allah bless him and grant him peace, sent his sacrificial animal off and did not go there himself, and there was nothing that Allah had made halal for him that was haram for him until the animal had been sacrificed.' "

Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his father that A'isha, umm al-muminin, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj and we went into ihram for umra. Afterwards, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has a sacrificial animal with him should go into ihram for hajj and umra together, and he should not leave ihram without leaving ihram for both of them at the same time.' "

She continued "I was menstruating when I got to Makka, so I did not do tawaf of the House or say between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Undo your hair and comb it and leave the umra and go back into ihram for the hajj.' "

She said, "I did so, and when we had completed the hajj, the Messenger of Allah, may Allah bless him and grant him peace, sent me with Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tanim and I performed an umra and he said, 'This is in place of your umra.' "

"Those who had entered ihram for the umra did tawaf of the House and say between Safa and Marwa, then left ihram. Then they did another tawaf after returning from Mina for their hajj, whereas those who entered ihram for the hajj or combined the hajj and the umra, only did one tawaf."

Yahya related the same as that to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha.

The news about the differences amongst the people of Bani `Amr bin `Auf reached Allah's Apostle and so he went to them along with some of his companions to effect a reconciliation between them. Allah's Apostle was delayed there, and the time of the prayer was due. Bilal went to Abu Bakr and said to him, "Allah's Apostle has been delayed (there) and the time of prayer is due. So will you lead the people in prayer?" Abu Bakr said, "Yes, if you wish." Bilal pronounced the Iqama and Abu Bakr, went forward and said Takbir for the people. In the meantime Allah's Apostle came crossing the rows (of the praying people) and stood in the (first) row and the people started clapping. Abu Bakr, would never glance sideways in his prayer but when the people clapped much he looked back and (saw) Allah's Apostle . Allah's Apostle beckoned him to carry on the prayer. Abu Bakr raised his hands and thanked Allah, and retreated till he reached the (first) row. Allah's Apostle went forward and led the people in the prayer. When he completed the prayer he faced the people and said, "O people! Why did you start clapping when something unusual happened to you in the prayer? Clapping is only for women. So whoever amongst you comes across something in the prayer should say, 'Subhan-Allah' for there is none who will not turn round on hearing him saying Subhan-Allah. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned you to do so?" Abu Bakr replied, "How dare the son of Abu Quhafa lead the prayer in the presence of Allah's Apostle ?"

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

The Messenger of Allah (saws) called me. He intended to send me with some goods to AbuSufyan to distribute among the Quraysh at Mecca after the conquest.

He said: Search for a companion. Then Amr ibn Umayyah ad-Damri came to me and said: I have been told that you are intending to make a journey and are seeking a companion.

I said: Yes. He said: I am your companion. I then went to the Messenger of Allah (saws) and said: I have found a companion.

He asked: Who is he? I replied: Amr ibn Umayyah ad-Damri. He said: When you come down to the territory of his people, be careful of him, for a maxim says: If one is your real brother, do not feel safe with him.

So we proceeded, and when I reached al-Abwa', he said to me: I have some work with my people at Waddan, so stay here till I come back. I said: Do not lose your way. When he turned his back, I recalled the words of the Prophet (saws). So I rode my camel and galloped without stopping. When I reached al-Asafir, he was pursuing me with a group of men. So I galloped and forged ahead of him. When he saw me that I had outstripped him, they returned and he came to me.

He said to me: I had some work with my people. I said: Yes. We then went on until we reached Mecca, and I gave the goods to AbuSufyan.

Sahl ibn AbuUmamah said that he and his father (AbuUmamah) visited Anas ibn Malik at Medina during the time (rule) of Umar ibn AbdulAziz when he (Anas ibn Malik) was the governor of Medina. He was praying a very short prayer as if it were the prayer of a traveller or near it.

When he gave a greeting, my father said: May Allah have mercy on you! Tell me about this prayer: Is it obligatory or supererogatory?

He said: It is obligatory; it is the prayer performed by the Messenger of Allah (saws). I did not make a mistake except in one thing that I forgot.

He said: The Messenger of Allah (saws) used to say: Do not impose austerities on yourselves so that austerities will be imposed on you, for people have imposed austerities on themselves and Allah imposed austerities on them. Their survivors are to be found in cells and monasteries. (Then he quoted:) "Monasticism, they invented it; we did not prescribe it for them."

Next day he went out in the morning and said: will you not go out for a ride, so that you may see something and take a lesson from it?

He said: Yes. Then all of them rode away and reached a land whose inhabitants had perished, passed away and died. The roofs of the town had fallen in.

He asked: Do you know this land? I said: Who acquainted me with it and its inhabitants? (Anas said:) This is the land of the people whom oppression and envy destroyed. Envy extinguishes the light of good deeds, and oppression confirms or falsifies it. The eye commits fornication, and the palm of the hand, the foot, body, tongue and private part of the body confirm it or deny it.

Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."

Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."

Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."

Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not go out to meet the caravans for trade, do not bid against each other, outbidding in order to raise the price, and a townsman must not buy on behalf of a man of the desert, and do not tie up the udders of camels and sheep so that they appear to have a lot of milk, for a person who buys them after that has two recourses open to him after he milks them. If he is pleased with them, he keeps them and if he is displeased with them, he can return them along with a sa of dates."

Malik said, "The explanation of the words of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - 'do not bid against each other,' is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade, and Allah knows best."

Malik said, "There is no harm, however, in more than one person bidding against each other over goods put up for sale."

He said, "Were people to leave off haggling when the first person started haggling, an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us."

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' "

`Umar used to make me sit with the elderly men who had fought in the Battle of Badr. Some of them felt it (did not like that) and said to `Umar "Why do you bring in this boy to sit with us while we have sons like him?" `Umar replied, "Because of what you know of his position (i.e. his religious knowledge.)" One day `Umar called me and made me sit in the gathering of those people; and I think that he called me just to show them. (my religious knowledge). `Umar then asked them (in my presence). "What do you say about the interpretation of the Statement of Allah: 'When comes Help of Allah (to you O, Muhammad against your enemies) and the conquest (of Mecca).' (110.1) Some of them said, "We are ordered to praise Allah and ask for His forgiveness when Allah's Help and the conquest (of Mecca) comes to us." Some others kept quiet and did not say anything. On that, `Umar asked me, "Do you say the same, O Ibn `Abbas?" I replied, "No." He said, 'What do you say then?" I replied, "That is the sign of the death of Allah's Apostle which Allah informed him of. Allah said:-- '(O Muhammad) When comes the Help of Allah (to you against your enemies) and the conquest (of Mecca) (which is the sign of your death). You should celebrate the praises of your Lord and ask for His Forgiveness, and He is the One Who accepts the repentance and forgives.' (110.3) On that `Umar said, "I do not know anything about it other than what you have said."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

Malik was asked whether someone who went into a mosque to do itikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the mosque, had to do itikaf for the number of days that were left from the ten, or not, and if he did have to do so, then what month should he do it in, and he replied, "He should make up whatever he has to do of the itikaf when he recovers, whether in Ramadan or otherwise. I have heard that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf in Ramadan, but then came back without having done so, and then when Ramadan had gone, he did itikaf for ten days in Shawwal.

Some one who does itikaf voluntarily in Ramadan and some one who has to do itikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever did itikaf other than voluntarily."

Malik said, that if a woman did itikaf and then menstruated during her itikaf, she went back to her house, and, when she was pure again she returned to the mosque, at whatever time it was that she became pure. She then continued her itikaf from where she left off. This was the same situation as with a woman who had to fast two consecutive months, and who menstruated and then became pure. She then continued the fast from where she had left off and did not delay doing so.

Yahya related to me from Malik from Abdullah ibn Abi Bakr that Abdullah ibn Waqid said, "The Messengerof Allah, may Allah bless him and grant him peace, forbade eating the meat from sacrificial animals after three days."

Abdullah ibn Abi Bakr said, "I mentioned that to Amra bint Abd ar-Rahman, and she affirmed that he had spoken the truth as she had heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, 'Some people from the desert came at the time of the sacrifice in the time of the Messenger of Allah, may Allah bless him and grant him peace, so the Messenger of Allah, may Allah bless him and grant him peace, said, 'Store up for three days, and give what is left over as sadaqa.' "

She said that afterwards some one said to the Messenger of Allah, may Allah bless him and grant him peace, that people had been accustomed to make use of their sacrificial animals, melting the fat and curing the skins. The Messenger of Allah, may Allah bless him and grant him peace, said, "What about that?" They said, "You have forbidden the meat of sacrificial animals after three days." The Messenger of Allah, may Allah bless him and grant him peace, said, "I only forbade you for the sake of the people who were coming to you. Eat, give sadaqa and store up."

By these people, he meant the poor people who were coming to Madina.

The Messenger of Allah (saws) encamped at Ulat al-Jaysh and Aisha was in his company. Her necklace of onyx of Zifar was broken (and fell somewhere). The people were detained to make a search for that necklace until the dawn broke. There was no water with the people. Therefore AbuBakr became angry with her and said: You detained the people and they have no water with them.

Thereupon Allah, the Exalted, sent down revelation about it to His Apostle (saws) granting concession to purify themselves with pure earth. Then the Muslims stood up with the Messenger of Allah (saws) and struck the ground with their hands and then they raised their hands, and did not take any earth (in their hands). Then they wiped with them their faces and hands up to the shoulders, and from their palms up to the armpits.

Ibn Yahya added in his version: Ibn Shihab said in his tradition: The people do not take this (tradition) into account.

Abu Dawud said: Ibn Ishaq also reported it in a similar way. In this (version) he said on the authority of Ibn 'Abbas. He mentioned the words "two strikes" (i.e. striking the earth twice) as mentioned by Yunus. And Ma'mar also narrated on the authority of al-Zuhri "two strikes". And Malik said: From al-Zuhri from 'Ubaid Allah b. 'Abd Allah from his father on the authority of 'Ammar. Abu Uwais also reported it in a similar way on the authority of al-Zuhri. But Ibn 'Uyainah doubted it, he sometimes said: from his father, and sometimes he said: from Ibn 'Abbas. Ibn 'Uyainah was confused in it and in his hearing from al-Zuhri. No one has mentioned "two strikes" in this tradition except those whose names I have mentioned.

Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.

Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.

Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."

Malik said, "If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."

Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due, he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality, and the seller said that he would give him eight of those cloths. Malik said, "There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term, unless he sells him cloth which is notthetypeof cloth for which he made an advance.

While I was walking with the Prophet at the Hurra of Medina in the evening, the mountain of Uhud appeared before us. The Prophet said, "O Abu Dhar! I would not like to have gold equal to Uhud (mountain) for me, unless nothing of it, not even a single Dinar remains of it with me, for more than one day or three days, except that single Dinar which I will keep for repaying debts. I will spend all of it (the whole amount) among Allah's slaves like this and like this and like this." The Prophet pointed out with his hand to illustrate it and then said, "O Abu Dhar!" I replied, "Labbaik wa Sa`daik, O Allah's Apostle!" He said, "Those who have much wealth (in this world) will be the least rewarded (in the Hereafter) except those who do like this and like this (i.e., spend their money in charity)." Then he ordered me, "Remain at your place and do not leave it, O Abu Dhar, till I come back." He went away till he disappeared from me. Then I heard a voice and feared that something might have happened to Allah's Apostle, and I intended to go (to find out) but I remembered the statement of Allah's Apostle that I should not leave, my place, so I kept on waiting (and after a while the Prophet came), and I said to him, "O Allah's Apostle, I heard a voice and I was afraid that something might have happened to you, but then I remembered your statement and stayed (there). The Prophet said, "That was Gabriel who came to me and informed me that whoever among my followers died without joining others in worship with Allah, would enter Paradise." I said, "O Allah's Apostle! Even if he had committed illegal sexual intercourse and theft?" He said, "Even if he had committed illegal sexual intercourse and theft."

While I was walking with the Prophet in the Harra of Medina, Uhud came in sight. The Prophet said, "O Abu Dhar!" I said, "Labbaik, O Allah's Apostle!" He said, "I would not like to have gold equal to this mountain of Uhud, unless nothing of it, not even a single Dinar of it remains with me for more than three days, except something which I will keep for repaying debts. I would have spent all of it (distributed it) amongst Allah's Slaves like this, and like this, and like this." The Prophet pointed out with his hand towards his right, his left and his back (while illustrating it). He proceeded with his walk and said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except those who spend their wealth like this, and like this, and like this, to their right, left and back, but such people are few in number." Then he said to me, "Stay at your place and do not leave it till I come back." Then he proceeded in the darkness of the night till he went out of sight, and then I heard a loud voice, and was afraid that something might have happened to the Prophet .1 intended to go to him, but I remembered what he had said to me, i.e. 'Don't leave your place till I come back to you,' so I remained at my place till he came back to me. I said, "O Allah's Apostle! I heard a voice and I was afraid." So I mentioned the whole story to him. He said, "Did you hear it?" I replied, "Yes." He said, "It was Gabriel who came to me and said, 'Whoever died without joining others in worship with Allah, will enter Paradise.' I asked (Gabriel), 'Even if he had committed theft or committed illegal sexual intercourse? Gabriel said, 'Yes, even if he had committed theft or committed illegal sexual intercourse."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

Yahya related to me from Malik, from Hisham ibn Urwa, that Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az- Zubayr, who was with him, would do likewise.

Yahya said that Malik said, "The people of Makka and whoever else is living there besides them should go into ihram for hajj if they are in Makka, and anyone that is living in the centre of Makka and is not one of the people of Makka should not leave the Haram."

Yahya said that Malik said, "Someone who goes into ihram for hajj in Makka should delay tawaf of the House and the sa'y between Safa and Marwa until he has come back from Mina, which is what Abdullah ibn Umar used to do."

Malik was asked what the people of Madina, or anybody else, should do about tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja, and he said, "They should delay the obligatory tawaf, which is the one they combine with the say between Safa and Marwa, but they can do whatever other tawaf they want to, and they should pray two rakas every time they complete seven tawafs, which is what the companions of the Messenger of Allah, may Allah bless him and grant him peace, did when they had gone into ihram to do hajj. They delayed the tawaf of the House and the sa'y between Safa and Marwa until they had come back from Mina. Abdullah ibn Umar also did this, going into ihram for hajj in Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between Safa and Marwa until he had come back from Mina."

Malik was asked whether one of the people of Makka could go into ihram to do umra in the centre of Makka, and he said, "No. He should go outside the Haram and go into ihram there."

That the Prophet (saws) said: "Gold for gold, kind for kind; silver for silver, kind for kind; dried-dates for dried-dates, kind for kind; wheat for wheat, kind for kind; salt for salt, kind for kind; and barley for barley, kind for kind. Whoever increases or seeks an increase, then he dealt with Riba. Sell gold for silver as you wish, hand to hand; and sell wheat for dried-dates as you wish, hand to hand; and sell barley for dried-dates as you wish, hand to hand."

[He said:] There are narrations on this topic from Abu Sa'eed, Abu Hurairah, Bilal, And Anas.

[Abu 'Eisa said:] The Hadith of 'Ubadah bin As-Samit is Hasan Sahih. Some of them reported this Hadith from Khalid, with this chain, and he said: "Sell wheat for barley as you wish, hand to hand."

Some of them reported this Hadith from Khalid, from Abu Qilabah, from Ash'ath, from 'Ubadah from the Prophet (saws). In that Hadith, they added that Khalid said: "Abu Qilabah said: "Sell wheat for barley as you wish, hand to hand."

This Hadith is acted upon according to the people of knowledge, they do not think that one may sell wheat for wheat except when it is the same kind for the same kind, and (the same for) barely in exchange for barley, kind for kind. When the items are themselves different, then there is no harm in one being more than the other if it is hand to hand. This is saying of most of the people of knowledge among the Companions of the Prophet (saws) and others. It is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq. Ash-Shafi'i said: "And the proof for that is the saying of the Prophet (saws): 'Sell barley for wheat as you wish, hand to hand.'"

[Abu 'Eisa said:] Some of the people of knowledge considered it disliked that wheat be sold for barely unless it was kind for kind. This is the view of Malik bin Anas, but the first view is more correct.

We set out along with the Prophet during the year of (the battle of) Hunain, and when we faced the enemy, the Muslims (with the exception of the Prophet and some of his companions) retreated (before the enemy). I saw one of the pagans over-powering one of the Muslims, so I struck the pagan from behind his neck causing his armor to be cut off. The pagan headed towards me and pressed me so forcibly that I felt as if I was dying. Then death took him over and he released me. Afterwards I followed `Umar and said to him, "What is wrong with the people?" He said, "It is the Order of Allah." Then the Muslims returned (to the battle after the flight) and (after overcoming the enemy) the Prophet sat and said, "Whoever had killed an Infidel and has an evidence to this issue, will have the Salb (i.e. the belonging of the deceased e.g. clothes, arms, horse, etc)." I (stood up) and said, "Who will be my witness?" and then sat down. Then the Prophet repeated his question. Then the Prophet said the same (for the third time). I got up and said, "Who will be my witness?" and then sat down. The Prophet asked his former question again. So I got up. The Prophet said, What is the matter, O Abu Qatada?" So I narrated the whole story; A man said, "Abu Qatada has spoken the truth, and the Salb of the deceased is with me, so please compensate Abu Qatada on my behalf." Abu Bakr said, "No! By Allah, it will never happen that the Prophet will leave a Lion of Allah who fights for the Sake of Allah and His Apostle and give his spoils to you." The Prophet said, "Abu Bakr has spoken the truth. Give it (the spoils) back to him (O man)!" So he gave it to me and I bought a garden in (the land of) Banu Salama with it (i.e. the spoils) and that was the first property I got after embracing Islam.

When it was the day of (the battle of) Hunain, I saw a Muslim man fighting with one of the pagans and another pagan was hiding himself behind the Muslim in order to kill him. So I hurried towards the pagan who was hiding behind the Muslim to kill him, and he raised his hand to hit me but I hit his hand and cut it off. That man got hold of me and pressed me so hard that I was afraid (that I would die), then he knelt down and his grip became loose and I pushed him and killed him. The Muslims (excepting the Prophet and some of his companions) started fleeing and I too, fled with them. Suddenly I met `Umar bin Al-Khattab amongst the people and I asked him, "What is wrong with the people?" He said, "It is the order of Allah" Then the people returned to Allah's Apostle (after defeating the enemy). Allah's Apostle said, "Whoever produces a proof that he has killed an infidel, will have the spoils of the killed man." So I got up to look for an evidence to prove that I had killed an infidel, but I could not find anyone to bear witness for me, so I sat down. Then it came to my mind (that I should speak of it) and I mentioned the case to Allah's Apostle. A man from the persons who were sitting with him (i.e. the Prophet), said, "The arms of the deceased one whom he ( i.e. Abu Qatada) has mentioned, are with me, so please compensate him for it (i.e. the spoils)," Abu Bakr said, "No, Allah's Apostle will not give it (i.e. the spoils) to a weak humble person from Quraish and leave one of Allah's Lions who fights on behalf of Allah and His Apostle." Allah's Apostle then got up and gave that (spoils) to me, and I bought with it, a garden which was the first property I got after embracing Islam.

Allah's Apostle said to me, "If the revenue of Al-Bahrain should come, I will give you so much and so much," repeating "so much" thrice. But the revenue of Al-Bahrain did not come till Allah's Apostle had died. When the revenue came during the rule of Abu Bakr. Abu Bakr ordered an announcer to announce, "Whoever had any debt or promise due upon the Prophet, should present himself to me (i.e. Abu Bakr). I came to Abu Bakr and informed him that the Prophet had said (to me), "If the revenue of Al-Bahrain should come, I will give you so-much and so much," repeating "so much" thrice. So Abu Bakr gave me (in another narration Jaibir said,). I met Abu Bakr after that and asked him (to give me what the Prophet had promised me) but he did not give me. I again went to him but he did not give me. I again went to him (for the third time) but he did not give me; On that I said to him, "I came to you but you did not give me, then I came to you and you did not give me, and then again I came to you, but you did not give me; so you should either give me or else you are like a miserly to me, on that, Abu Bakr said, "Do you say, 'You are like a miserly to me?' There is no worse disease than miserliness." Abu Bakr said it thrice and added, "Whenever I refused to give you, I had the intention of giving you." (In another narration) Jabir bin `Abdullah said, "I went to Abu Bakr (and he gave me a handful of money) and told me to count it, I counted and found it five-hundred, and then Abu Bakr said (to me), "Take the same amount twice."

Malik related to me from Zayd ibn Aslam that his father said, "Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab went out with the army to Iraq. On the way home, they passed by Abu Musa al- Ashari who was the amir of Basra. He greeted them and made them welcome, and told them that if there was anything he could do to help them, he would do it. Then he said, 'There is some of the property of Allah which I want to send to the amir al-muminin, so I will lend it to you, and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir al-muminin, and you keep the profit.' They said that they would like to do it, and so he gave them the money and wrote to Umar ibn al-Khattab to take the money from them. When they came to sell they made a profit, and when they paid the principal to Umar he asked, 'Did he lend everyone in the army the like of what he lent you?' They said, 'No.' Umar ibn al-Khattab said, 'He made you the loan, because you are the sons of the amir al-muminin, so pay the principal and the profit.' Abdullah was silent. Ubaydullah said, 'You do not need to do this, amir al-muminin. Had the principal decreased or been destroyed, we would have guaranteed it.' Umar said, 'Pay it.' Abdullah was silent, and Ubaydullah repeated it. A man who was sitting with Umar said, 'Amir al-muminin, better that you make it a qirad. 'Umar said, 'I have made it qirad.' Umar then took the principal and half of the profit, and Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab took half of the profit."

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."